New Rules for Drivers Licenses to Impact States

Homeland Security Secretary
Michael Chertoff has announced
new federal rules that will alter the
ways states issue drivers licenses.
As of December 1, 2014, U.S. residents
born after December 1, 1964
will need new Homeland Securityapproved
licenses to use their ID to
board an airplane or enter a federal
building. Older drivers will not be
required to carry the new license
until 2017. States that need more
time to comply must apply for a
waiver if they want their licenses
to remain valid after May 2008.

To be in compliance, states
must design licenses that include
embedded security features set by
Homeland Security and digital
photographs.

The new rules do not mandate
that states issue the new ID cards,
but residents of states that do not
participate will be unable to use
their drivers licenses as proof of
identity to access federally secured
areas, including airline terminals.
The rules prohibit states from
issuing the new licenses to illegal
immigrants.

Many states have complained
that the federal rules will be costly
and difficult to implement. Seventeen
states have passed legislation
objecting to the REAL ID Act, the
legislation Congress passed in 2005
that directed Homeland Security to
formulate these new rules.

The same day the rules were
announced, the American
Association of Motor Vehicle
Administrators (AAMVA), the National Governors Association (NGA)
and the National Conference of
State Legislatures (NCSL) issued a
joint news release indicating they
plan to review the regulations and
meet with state stakeholders to
determine their impact.

The state groups expressed satisfaction
that many of the regulations
take into account comments
and recommendations submitted
by the three groups, including
extending compliance deadlines
and giving states more flexibility to
manage and secure their systems.

However, states remain concerned
about funding. William T.
Pound, NCSL executive director
noted that "the Administration
has not asked Congress to fund
state costs, and Congress has only
provided states $90 million. State
legislators have to balance budgets
and make difficult choices among
many competing priorities. These
regulations are federal standards
and deserve federal funds."

Homeland Security estimates
overhauling drivers licenses across
the country will cost states a total
of $3.9 billion. NGA, AAMVA and
NCSL initially estimated the cost at
more than $11 billion but acknowledged
that the proposed regulations
offer states some flexibility that
may mitigate this amount.